1961-01-31MINUTES OF TIlE ADJOURNED MEETING OF JANUARY 31, 1961 at 8:00 P. M.
at the Mound Fire Station
Present were: Mayor H. B. R. Larson:-Trustees Dr. Byron Petersen, Del
Pfeifer, Gordon Batdorf and Howard Orn; Attorney P~ay Ploetz and lV~nager
Leonard L. /{opp.
HEARING FOR BOWLING ALLEY PERMIT
Hearing called pursuant to executive order of Mayor January 12, 1961 setting
matter for hearing and ordering publication. Petioners present.
WHEREAS it has been proposed to construct and operate a bowling alley on
premises within the Village of Mound and legally descrit;ed as:
Lots ten (10) to seventeen (17), inclusive,
Block three (3), Shirley Hills Unit. F;
W/-IEREAS said property is zoned in the Commercial Use District;
WHEREAS notice of the application and notice of the hearing upon the application
for a special use permit, was duly given by publishing the same once in
the official newspaper, ten days in advance of said hearing, pursuant to the
provision of the Mound Code of Ordinances, Section 23. 15 subdivision 4;
AND WHEREAS public hearing was duly had thereon;
NOW THEREFOR, BE IT MOVED BY THE VILLAGE COUNCIL OF MOUND,
MINNESOTA that a special permit for the construction and operation of a place
of amusement, to-wit, a bowling alley and services normally appurtement
thereto, on the premises legally described as:
Lots ten (10) to seventeen (17), inclusive,
Block three (3), Shirley Hills,, Unit F
be and hereby is, ordered to issue, but ~'hat the same expire on
December 31, 1961, if said bowling alley has not been constructed prior
thereto.
Batdorf moved the foregoing motion and Orn seconded the motion.
The vote was unanimously in favor. So carried.
DEPOSITING PUBLIC FUNDS
1. Pursuant to council direction, your attorney further reseached the laws
relating to deposit of Village funds, in a FDIC depositiory without bond or
162
collateral, and requested the opinion of the State Public Examiner advising
of the standards of that office concerning the same.
The public examiner responded.
Legal research revealed that in cases involving separate 'deposits' in FDIC
banks, the results had been mixed and seemed to depend upon clear distinction
of identity between the deposits and distinct capacity of the depositor, See 12
USCA ~ 264; FDIC vs Casady, 106 F 2d 784; Billings vs FDIC, 71 F Supp 696;
and Phair vs FDIC 74 F Supp 693.
Legal reseach also raised question concerning Councilman Del Pfeifer who is
employed by one of the designated depositories. Councilman Pfeifer stated,
he does have a Savings account in the Farmer's and Mechanics bank; but is
not a major depositor; and neither would the Village of Mound be a major
depositor.
PETERSEN offered the following resolution and moved its adoption. Batdorf
seconded the motion.
WHEREAS.the Village Council of the Village of Mound, Minnesota, at their
meeting of January 10, 1961, did adopt that certain resolution entitled
RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR THE
VILLAGE FUNDS AND REQUII~ING APPROPRIATE SECURITY'
THEREFOR whereby this: Council disignated Certain banks as being
official depositories of the Village Funds and establishing certain
conditions of deposit;
WHEREAS it appears that one of the members of this Council, Del Pfeifer, is
an employee of the. Farmers and Mechanics Savings Bank of Mpls. ,
Minnesota, one of said designated depositories, is employed by them
in the position of General Auditor, is not an officer of said depository,
receives no bonus or commission, reward or inducement of any kind
from his said employer from the securing of deposits or accounts,
and receives no direct or indirect benefit from such deposit or-the
awarding of such acount;
WHEREAS it subsequently appears that the collateral of the State Bank of
Mound is kept in an escrow account in The Marquette National
Bank of Minneapolis, Minnesota, which complies with legal
requirements and is acceptible to this council;
AND WHEREAS the Village Attorney reports that separate limits of Federal
DeposiSaInsurance are available in the same depository only to
clearly distinct deposits of depositor or depositors in clearly distinct
capacities;
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
MOUND, MINNESOTA
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1. That the resolution of this Council entitled A RESOLUTION DESIGNATING
OFFICIAL DEPOSITORIES FOR ~rILLAGE FUNDS AND REQUIRING APPROPRIATE
SECI/KITY THEREFOR and adopted January 10, 1961, be amended as follows:
a. By deleting therefrom the requirement that the required collateral
of the State Bank of Mound, lVIiunesota, be kept in a safety deposit box
in the State Bank of lV~ound, /Vi{nnesc~a;
b. By adding thereto the requirement that the required collateral of
the State Bank of Mound, Minnesota, be kept in escraw account in the
Marquette National Bank of Minneapolis, Minnesota;
c. By adding thereto the requirement that the Village Treasurer not
deposit more than $10,000 in any one deposit account in the Farmer's
and Mechanics Savings Bank of Minneapolis, lVHnnesota; and that the
Village Treasurer maintain only such deposit accounts therein as are
clearly distinct from each other and in which the Treasurer as
depositor so deposits in clearly distinct capacities.
Z. That pursuant to hearLug held and evidence heard, it be, and hereby is,
found that Councilman Del Pfeifer has no direct or indirect interest in the
deposit of such funds in the Farmers and Mechanics Savings Bank of lVipls.,
Minne s ota.
RoLl Call Vote:
Peterson Aye
Orn Aye
Pfeifer Abstain
Batdorf Aye
Larson Aye
Carried and so resolved.
P. EST HOME REZONING
Appearing before the Council to support the request of Richard Cook to build
~ rest home on his property in the three points area of Mound were, lVir. Cook,
/vir. Van Kipley and Arle Johnson.; and ~appy Jones.
The Mound Planning Commission recommends the taking of whatever rle/c/dds/a/~A/
action necessary to allow the erection and contruction os such a project.
The name of such home to be: Lafayette Rest Homes, Inc.; financeers to be
George Van Dusen, Richard Cook, Van Ripley, Arle Johnson and others not
named at present.
Batdorf offered the following resolution and moved its adoption.
seconded the motion.
Pfeifer
164
WHEP~EAS it appears that it may be necessary and desirable that Chapter 23
of the Mound Code of Ordinances, which chapter is entitled "Zoning"
be amended by adding to the Residential Use Districts a Residential
Use District "C" and that in addition to the uses conforming to
Residential Districts A & B in such district, hospitals, clinics,
nursing homes and other buildings used for the treatment of human
ailments, be conforming uses therein;
~ND WHEREAS, it is desired that the prooosed amendment be brought on for
hearing upon the initiative of the Council;
NOW, TH~FORE, BE IT MOVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA
1. That on February lb, 1961, at 8:00 o'clock P.M. at the Village
Council meeting to be held in the Mound Village Fire Hall, the
proposal to amend the Mound Code of Ordinances, Chapter 23,
"Zoning" by adding to the Residential Use Districts a Residential
Use District "C" and that in addition to the uses conforming to
Residential Districts A & B in such district, hospitals, clinics,
nursing homes, and other buildings used for the treatment of
human ailments be conforming uses there, be heard.
2. That said hearing be at the initiative of the Village Council.
3. That the Village Clerk b%and hereby is, directed to place the
same on the agenda of the Council for hearing at that date and
time as item number one.
h. And that the Village Clerk be, and hereby is, directed to duly
advertise said hearing.
Roll Call Vote:
Batdorf Aye
Petersen Aye
Orn Aye
Pfeifer 3kye
Larson Aye
So carried and resolved.
The Village Council directed Trustee Pfeifer and Manger Kopp to check with
Mr. Russi, Village Planner as to -;T~,~4es of including such project in his
plans.
WATER PETITION
Orn offered the following resolution and moved its adoption.
the motion.
Pfeifer seconded
RESOLUTION ORDERING PREPARATION
OF REPORT ON WATER MAIN IMPNOVEMENT
WHEREAS it is proposed to improve Concord Boulevard between the easterly
line of Commerce Boulevard and easterly line of Chateau Place and
First Avenue between the Northerly line of Concord Boulevard and
the southerly line of Maywood Road, and by water main improvement
thereon, and to assess the benefitted property for all or a por-
tion of the cost of the improvement, pursuant to Minnesota Statutes,
Section 429.011 to 429.111 (Laws 1953, Ch. 398, as anended).
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA:
That the proposed improvement be referred to Schoell and Madson,
ViLlage Engineers, for study and that they are instructed to report
to the Council with all convenient speed, advising the Council in
a preliminary way as to whether the proposed improvement is feasible
and as to whether it should best be made as proposed or in connection
with some other improvement, and the estimated cost of the improve-
ment as recommended.
Ba~rf Aye
Pre ire r Aye
Orn Aye
Petersen Aye
Larson Aye
So carried and resolved.
S~R~,I~II~ 0 ROADS
~.ngineer Bill Schoell appeared and discussed State Aid to Roads with the
Council and Manager. l~ilshire Drive v¢as discussed in particular.
i66
EXPANSION OF THE MPLS-ST. PAUL SANITARY DISTRICT
Pfeifer offered the following resolution and moved its adoption. Petersen
seconded the motion. ·
BE IT RESOLVED the Council of the Village of Mound approve with qualific-
ations: ,the Leag~e,~Water ges.~urce_s S~ub~co.m, m~tt~e~ ,R~?lut~on on the
~i~i~h'-~ the'M~eapolis-St. Faro ~an~tary u~s~r~c~.
1. That the report of the ~eapolis-St. Pa~ Sanitary Sewer
District Engineers that the Lake Mi~eto~a Area not be ~cluded
be accepted due to higher costs of sewage ~acilities if it si ~cluded
in the ~strict.
2. That the legislature provide for the formation of sanitary
sewer ~stricts ~thout special legislation.
Roll Call Vote:
Batdorf Aye
Petersen Aye
Orn Aye
Pfeifer Aye
Lar s on Aye
So carried and resolved.
Re solution Attached:
LF~C~E OF M~INN~S~A MUNIC]PALITIES
15 'Jnivmrsity of M~Lnnesota LibraLw
~nr~e~polis 1~, Minnesota
L~¢ember 14, 1960
RESOLUTION OF WAT~H RESOURC£S STt~DY C~$STTEE SUBC~TE~
BE IT RESOLVED, that it i~ the conser~us of this subcommittee t~at
LC agreement can be reached on
l) a plan for proportional r~presentation on the managerial
hoard cf the Smnitary Distr~ct,
2) on an equitable plan of financ~g,
3) a reasonable and acceptable timetable,
4) boundaries, oowers and d~ties of the Sanitar~- Dietrich,
then the Sanitary District should be expanded either by amendatory
legislation or by new legislation so as to provide sewage dispose~
facilities for the Twin Cities Metropoliten Area.
AMENDMENT TO DOCK ORDINANCE
.l~iter ':r~av~l!t~e~: fbllOwlh~g~i o~.dtfflri~:e~ a;~a:~'~ ~c~e,~:~. mdttd~Y s~n
BE IT ORD~NED BY THE VILLAGE COUNCIL OF MOUND, M~ESOTA that
Part F, Chapter 26, of the Mo~d Code of Offences, entitled
"B~din~ Code - Docks, Boathouses, Boat Ramps and Slips" be
~ended as follows:
1. By amending Section 26. 970 thereof to read as follows:
"Section 26.970 Dock Inspector The Village Manager shall, from
time to time, appoint an official dock inspector who shall have the
authority of a police officer of the village in so far as it necessary
or proper for the enforcement of Sections 26. 950 - 26. 990, inclusive
of this Or~linance.
Further, that the manager shall have the power to remove or dis-
charge such dock inspector."
Z. By adding thereto Section 26.79 1 as follows:
"Section 26. 971 ~k~kilnmlmector, Salary The salary of the dock
inspector shall be established from time to time by resolution of
the Village Council."
By adding thereto Section 26. 9511 as follows:
"Section Z6. 9511 License Fees The annual fees therefore shall be
as .follows, to -wit:
Docks SZ. 00
Boat Ramp $5.00
4. By adding thereto Section Z6. 961 as follows:
"Section 26.961 Maximum dimensions, prohibited designs of docks
No dock, for which a license is required by Section 26. 950 hereof, shall
exceed 24 feet in length, except where necessary to reach a minimum
water depth of 36 inches, and no dock shall be shaped other than as a
plain bar, shall have no projections, nor shall any dock be built or
placed except with the longitudinal axis thereof perpindicular to the
shore line."
Roll Call Vote:
Batdorf Aye
Petersen Aye
Orn Aye
Pfeifer Aye
Larson Aye
So moved.
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RESOLUTION REQUESTING PROPER REPRESENTATION ON THE
COUNTY BOARD OF HENNEPIN COUNTY FOR RURAL AND SUBURBAN
HENNEPIN COUNTY, INCLUDING MOUND, MINNESOTA
Batdorf offered the following resolution and moved its adoption.
the motion.
Orn seconded
WHEREAS, population in the Village of Mound, and all of the other municipalities
in Hermepin County lying outside the city limits of Minneapolis, has in
recent years increased dramatically in proportion ~o, that of the City
of Minneapolis, and
WHEREAS, the population of suburban and rural Hennepin County at the present
time is about 355,000 and the population of Minneapolis is about
483,000, and
WHEREAS, four of the five present County Board members are from the City
of Minneapolis, and are elected by the City of Minneapolis voters, and
WHEREAS, the district for election of Commissioners to the County Board of
Hennepin County are no longer arranged so as to give proportionate
representation to citizens in that part of Hennepin County lying outside
of the city of Minneapolis,, therefore
BE IT RESOLVED by the Village Council of the Village of Mound that the
NLirmesota Legislature is requested to increase the number of
Commissioners for the County Board of Hennepin County who are
to be elected from the area of Hennepin County lying outside the
City of Minneapolis.
Roll Call Vote:
Batdorf Aye
Petersen Aye
Orn Aye
Pfeifer Aye
Larson Aye
So carried and resolved.
RESOLUTION OPPOSING PROPOSED MINNEAPOLIS EARNING TAX
Orn offered the following resolution and moved its adoption.
the motion.
Petersen seconded
WHEREAS, the City of Minneapolis is considering adoption of a City Earnings
or Income Tax on income earned within that City by both residents
and non-residents, and
WHEKEAS, many residents of the Village of Mound are employed in or operate
businesses$ in that City and would be required to pay taxes on these
earnings, and
WHEREAS, the Village Council of the Village of Mound believes therefore it is
appropriate that it take a public stand on behalf of its residents on this
issue, therefore
BE IT RESOLVED by the Village Council of the Village of Mound that its
strongly opposed to any city earnings or income tax in either Minneapolis
or Village of lViound for the following reasons:
1. That residents of the Village of Mound now pay real property ~axes for Village,
County, State and Sch0bl District purposes and the total mill rate therefore is
substantially higher in the Village of Mound than in the City of lVLinneapolis, and
that therefore the residents of the Village of Mound shaould not have to bear an
additional burden as proposed. For example in the year 1960 the total mill
rate for taxes levied on properties in the Village of Mound was Z87.68 mills,
whereas in the same year the total rnill rate levied on properties in the City
of Minneapolis was 190 mills.
2. That the Village of Mound has a population of over 5,000 and there are
approximately 1,500 persons employed in the Village of Mound, many of whom
are residents of the City of Minneapolis and municipalities other than the
Village of Mound. The only way a city earning tax can be fairly applied is on
a metropolitan area basis. The Village of Mound does no~ wish to be forced into
the position of having to adopt such a tax itself for the purpose of receiving its
fair share of total tax revenues.
3. That the residents of the Village of Mound laying such proposed earnings
tax to the City of lViinneapolis for its own municipal purposes would not have
any potitical voice in the government of that City, nor over the expenditures of the
tax revenue received.
4. T'~at while it may be true that n.ay person who comes within the City Limits
of Minnepolis at any time for any reason receives some benefit from municipal
government functions of that City, the Village of Mound also furnishes many
services to residents of 1Viinneapolis. It does not appear that non-resi~mts
merely being employed in that City have a sufficient connection with that City
to warrant the imposition of such tax on them, nor is it fair or equitable that
such tax should be in the same amount as on reisdents of that City.
5. The earnings tax is not a fair and equitable tax as compared to other
potential sources of municipal revenues because the rate is not graduated according
to ability tO 1~1~y, and because difficult collection and enforcement problems will
certainly exist.
BE IT FURTHER RESOLVED that copies of thiS resolution be sext to the City
Council of the City of Minneapolis, the Governor of the State of lvIinnesota, and
each member of the State Senate and House of Representatives.
170
Roll CaLl Vote:
Batdorf Aye
Peter sen Aye
Orn Aye
Pfeifer Aye
Larson Aye
So carriedrand resolved.
MODIFY DOG ORDINANCE
The present dog ordianane was discussed; The Council was polled on setting
the license for all dogs regardless of sex at the sum of $2.00 per year; The
poll showed unanimously approval of the modification.
I~IAYORS AND COUNCILMEN'S INSTITUT~
Mayor Larson and Trustees Orn and Batdorf will attend this institute in March
for Counci].m.r~n and Mayors
TREASURER'S BOND
Batdorf offered the following resolutiOn and moved its adoption.
seconded the motion.
Pfeifer
WHEREAS the Village Treasurer should be bonded in compliance with the
Laws of the State of Minnesota
NOW.THERJEFOKE the Village Council of the Village of Mound set the value
of the bond in the amount of $15,000.
Roll Call Vote:
Batdorf Aye
Peter sen Aye
Orn
Pfeifer Aye
Lar s on Aye
So resolved.
SALARY SCHEDULES
Pfeifer offered the following resolution and moved its adoption.
seconded the motion.
Petersen
A RESOLUTION ESTABLISHING
SALARIES, WAGES, AND RETAINERS OF
CERTAIN VILLAGE ~PL~YEES AND
PROFESSIONALS FOR 1961
BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA
1. That the following schedule of wages, salaries and Retainers
be adopted and paid for the job categories and professional
retainers indicated for calenda~r~y..ear.~.~1961 -- ~
172
Roll Call Vote:
Batdor~' Aye
Petersen Aye
Orn Aye
Pfeifer Aye
Larson .: Aye
So carried and resolved.
TAX FORFEIT LAND - Site of former Tin Shed
Pfeif~er offered the following resolution and moved its adoption.
seconded the motion.
Petersen
smbetantiat pe~m th~f
outlet ~nto ~ Bl~d.
to nako pt. uper appl.toat:l, on f~ th~ ~ ef alJ., or a port.ton
la--f, 1~ I~ I~ of' Nogid foz* street and load
Roll Call Vote:
Batdorf Aye
Peter sen Aye
Pfeifer Aye
Lar s on ..... ~ye"
So carried and resolved.
Village of Mound, Minnesota
Bills Payable - January 31, 1961
LIQUOR FUND
Watertown Telephone Company
Northwest Linen Service
L~wis Paulson
5.85
10 00
ST P~ET FUND
Rosenwinkel Sand and Gravel
717,90
717~90
Total $ 862e39
1731
TAXI CAB LICENSE
Batdorf moved and Pfeifer seconded the motion.
BE IT MOVED, the Village Conncil authorize the issuance of taxi cab license to
Ferd Schwartz to operate three taxi cabs in the Village of Mound, such
cabs to be inspected every few months by the Police Chief and a written
report to be made of each inspection.
The vote was uma~lrmumsly in favor. So carried.
BT~LS
The following list of bills were presented for payment. Pfeifer moved the bills
so listed be paid where funds are a~zailable. Orn seconded the motion. The vote
-a~s unanimously in favor. So carried.
TRANSFERS OF FUNDS
Pfeifer offered the following resOlution and moved its adoption. Orn seconded
the motion.
BE IT RESOLVED the sum of 190.37 be transferred from General Fund to
Trust and Agency General Fund, and
The sum of 1, Z60. Z9 be transferred from PERA to Trust and Agency
General Fund, and
The sum of 890.46 be transferred from Audit Fund to Trust and Agency
General Fund, and
The sum of 3,132.97 be transferred from Bond and Interest Series B
to Trust and Agency Bond and Interest Series B. , and
The sum of 1,546.26 be transferred from Special Assessment #1 to
Trust and Agency Special Assessment #1, and
The sum of 281.90 be transferred from Special Assessment #2 to
...... -Trust and Agency Special Assessment #2, and
~he sum of 863.70 be transferred from Trust and Agency General
Roll Call VoteL
Batdorf
Orn
Larson
So carried and resolved.
Aye Pfeifer Aye
Aye Petersen Aye
Aye
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